Guardianship Of Minors Arizona – Fill Out and Use This PDF

SELF-SERVICE CENTER

TEMPORARY / EMERGENCY APPOINTMENT OF GUARDIAN

FOR MINOR(S)

CHECKLIST

You may use the forms and instructions in this packet if . . .

You want to have the court appoint a guardian for one or more persons under the age of 18 on a temporary or emergency basis for a period of not more than 6 months.*

The minor lives in Maricopa County.

The person who will serve as guardian is not one of the parents.

You believe that the minor(s) needs to have a guardian temporarily and/or immediately.*

You are applying for Guardianship for more than one child, they have the same parents. **

*If the need for the guardianship will continue for more than 6 months, you will need to petition for “permanent” guardianship.

**If there are multiple children and they do not all have the same fathers and mothers, you must file a separate case for each set of parents.

READ ME: Consulting a lawyer before filing documents with the court may help prevent

unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks, as well as a list of court-approved mediators can be found on the Self- Service Center website at:

www.superiorcourt.maricopa.gov/SSC

Self-Service Center

APPOINTMENT OF A TEMPORARY / EMERGENCY

GUARDIAN

FOR MINOR(S) ONLY

FORMS AND INSTRUCTIONS

This packet contains court forms and instructions to get a temporary or emergency guardianship for a minor (or minors). Forms that you will need to copy and file with the Court appear in BOLD below. Non-bold items are instruction or information pages. Do not file or copy non-bold items.

The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they were received. It is strongly recommended that you verify on a regular basis that you have the most current documents.

3. Photocopy all the documents: Make 2 copies of all the forms. Assemble the copies so that you have 3 complete packets -- the originals and 2 sets of copies.

4.File the papers at the court: Determine where to file the court forms. There are two facilities for the Maricopa County Juvenile Court:

Cases are assigned to a facility based upon the zip code of the residence of the petitioner. If the zip code is 85200 through and including 85299, or any zip code area that is east of Central Avenue, the case will probably be assigned to the Southeast Facility. Any zip code that is west of Central Avenue will probably be assigned to the Durango Facility.

You can present your documents for filing at either location; however you are encouraged to take them to the correct facility for faster processing.

GO TO THE CLERK’S OFFICE: Take the original and 2 copies of the following documents to the Clerk of the Court (Juvenile):

•JUVENILE GUARDIANSHIP INFORMATION SHEET

•PETITION FOR TEMPORARY APPOINTMENT OF A GUARDIAN FOR A MINOR

•(if applicable) PETITION FOR APPOINTMENT OF A PERMANENT GUARDIAN of a MINOR,

AND

•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN

There is a fee for filing for guardianship, which must have been paid or deferred before filing these papers. If you have paid or deferred the fee to file one, there is currently no separate fee to file the other.

Note: If you will have difficulty paying the filing fee, you may apply for a fee deferral (payment plan) or waiver. Applications are available from the Self-Service Center or the Juvenile Court filing counter.

WHAT THE CLERK WILL DO: The Clerk will file the original JUVENILE GUARDIANSHIP

INFORMATION SHEET (This document is for court use only; it is not a public record). The Clerk will file originals of the following documents, and give you back clerk-stamped (“conformed”) copies to show these documents were filed:

•PETITION FOR TEMPORARY APPOINTMENT OF GUARDIAN

•(if applicable) PETITION FOR APPOINTMENT OF PERMANENT GUARDIAN OF A MINOR, AND

•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN

NOTE YOUR “JG” CASE NUMBER: The case number assigned is stamped in the upper right-hand corner of all the documents the clerk stamped for you. The case number always starts with the initials ”JG”. Use this number on every paper you file with the court from now on.

5. (If applicable) Schedule the Permanent hearing date: Take originals of one or both of the following papers to Juvenile Court Administration:

•INSTRUCTIONS AND REQUEST FOR HEARING DATE; AND

Take 2 copies of these Clerk-stamped (conformed) papers to Juvenile Court Administration:

•PETITION FOR APPOINTMENT OF GUARDIAN FOR A MINOR,

•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN

Juvenile Court Administration will, if applicable, schedule the permanent hearing on the form called INSTRUCTIONS AND REQUEST FOR HEARING DATE and return it to you. Now you know the date, time, and location of the hearing on the permanent appointment, and the name of the Judge or Commissioner who will hear the case.

6. To schedule the hearing on the Temporary or emergency appointment:

If you have requested that a temporary guardian be appointed, Juvenile Court Administration will take the Petition for Temporary Appointment of Guardian to the assigned Judicial Officer for review. The assigned Judicial Officer will set a hearing date ONLY if he/she agrees that an emergency exists.

If the Judge decides to give you a hearing on the petition for Temporary Appointment of a Guardian of a Minor, court staff will provide you with 2 copies of a NOTICE OF HEARING form. You will need to give notice of the hearing to everyone entitled to notice before the hearing. See #7, below, and Packet Part 2--Service and Notice of the Court Hearing, for information on who must be given notice.

7.LEGAL NOTICE: You must give notice about the court case: If this is an emergency hearing with notice, you must give notice to everyone required to be given notice under Arizona law of a petition for permanent guardianship, as required by Arizona law (A.R.S. §14-5310 and 14-5401). See Packet Part 2--Service and Notice of the Court Hearing. Notice must be complete before the hearing.

•If this is an emergency hearing without notice, you must give notice to the person who needs the temporary or emergency guardianship by personal service within 72 hours after the Court hearing. No other notice is required in these cases.

SECTION 2: PREPARE for THE HEARING

8.Legal Notice Before the hearing: If you were required to give advance notice of the

temporary or emergency hearing, file the originals of the following documents: NOTICE OF HEARING, WAIVER OF NOTICE, (If applicable), and PROOF OF NOTICE.

Bring copies of all 3 documents with you to the hearing to be “conformed” (stamped by Court staff). Do this as soon as possible, at least 3 business days before the hearing on the temporary petition. Otherwise, bring these documents with you to the hearing.

9.Documents to bring to the hearing: Bring to the hearing the original documents, and any documents you filed with the Clerk, such as:

•Proof of Notice of Hearing

•Waiver of Notice, (if applicable)

•Acceptance of Service (if applicable)

•Affidavit Supporting Publication (if applicable)

10.Other information to know before the Court Hearing:

•The Juvenile Court uses a digital audio recording system to preserve the official court record of the proceedings. If a party want a court reporter to record a proceeding in the Juvenile Court, they must file a written request with the Clerk of Court and Juvenile Court Administration at least

72 hours before the start of the guardianship proceeding.

•If you need a court interpreter, telephone 602-506-0490 at least 10 days before the hearing.

•Be prepared to testify at the Court hearing about why you think the Guardianship is needed. Bring with you to Court any witnesses you think will help you testify.

•Tell the Judge about the case, and why the temporary appointment is necessary. Bring all paperwork with you that you think is applicable, such as reports about the person you say needs the guardian, police or Child Protective Services (CPS) records concerning the person, etc.

SECTION 3 – AFTER THE COURT HEARING

11.Go to the Court Clerk: Ask whether the Judge signed the Order, and when you can get a copy of it. After you receive the Order for Temporary Guardianship, you will need a certified copy to show you are the person officially appointed by the Judge. There is a $26.00 certification fee plus $0.50 per page to do this. Payment may be made in cash (in person only) or by check or money order made payable to the Clerk of Court.

If you did not already give legal notice about the PETITION FOR TEMPORARY APPOINTMENT and the court hearing as described in STEP 7, then you must now give notice of the court papers and the hearing to everyone who is entitled to know about the court case before the hearing date.

12.Other help: Court personnel can answer certain limited questions about the procedures involved, but only an attorney can give you legal advice. You can call the Maricopa County Bar Association’s Lawyer Referral Service at 602-257-4434 to schedule a half-hour consultation for $35, or find a lawyer in the yellow pages of your telephone book (or online) under “attorneys”.

The Self-Service Center also has a list of lawyers who will, for a fee, assist you on a task-by-task basis or advise you on how to conduct your own case. The list shows where the lawyers are located, how much they charge to look over the court papers or answer your questions, and what their experience is. You

may view the list at the Self Service Center or on the Court’s web site at:

www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/LawyersAndMediators/